8503 Waiver Approved for Carer of Australian Child

The 8503 No Further Stay condition prevents visa holders from applying for most temporary and permanent visas while they are in Australia unless the condition is waived. The elements of a successful waiver request include –

  • Circumstances requiring the waiver must have developed since visa grant
  • The circumstances must be ‘compelling’ and ‘compassionate’ 
  • The visa holder had no control over these circumstances, and 
  • The circumstances must have resulted in a major change to the visa holders’ circumstances.

“Compelling and compassionate” is described by government policy as circumstances that – 

  • are sufficiently forceful and convincing for the condition to be waived
  • are not unreasonable (in that no reasonable decision-maker could conclude that the circumstances are not compelling) and
  • give rise to feelings of sympathy for the suffering or misfortune of others.

Problem

The visa holder is the carer and grandmother of an Australian child with complex disability needs and her 8503 No Further Stay waiver request was refused. The refusal of the waiver request meant that legally, our client could not submit another request unless her claims were ‘substantially different’ to those lodged on the first occasion.

Visa holders requesting a waiver of condition 8503 have a single opportunity to present their claims to the Department of Immigration.

Our Role

We conducted a thorough assessment and review of our client’s history before determining there was a reasonable chance that a second waiver request would succeed. The previous request did not demonstrate the significant change in circumstances that occurred following our clients initial entry to Australia.

Outcome 

Condition 8503 was successfully removed from our client’s visa.